Lawyer Ng Kian Nam, representing the parents Teo Jia Meng and Yu Yue Yang, said the five defendants named are kindergarten operators Lee Cheak Lu and YK Educational Group Sdn Bhd, Double Tree Transport Sdn Bhd, school van driver Yau Chee Weng and the education minister.
Ng said the legal action stemmed from the defendants’ refusal to admit liability or negligence and to issue an apology after a letter of demand was served on June 20, Bernama reported.
He said the education ministry was named as one of the defendants for allegedly failing to take firm enforcement action against the kindergarten operators under the Private Kindergarten Guidelines, the Education Act 1996 and the Child Act 2001 to ensure a safe educational environment.
“Our clients are deeply disappointed that despite recent fatal and criminal incidents in schools highlighting safety concerns, the authorities have failed to act seriously or hold those responsible accountable,” he was quoted as saying.
Ng said the civil claim will be grounded in the legal principle of res ipsa loquitur (“the thing speaks for itself”), asserting that the death could only have resulted from the defendants’ gross negligence, as the child was entirely in their custody and control at the time.
He said the civil suit aims to uncover the full facts of the incident, secure justice for the victim and compel the education minister to institute a fully independent and transparent investigation.
Ng also called upon the Attorney-General’s Chambers to consider making criminal charges under the Child Act 2001 against the kindergarten operators, claiming previous appeals to the AGC were not acknowledged.
Van driver Yau pleaded not guilty on May 7 to leaving Yu Ze in a multipurpose van, resulting in his death, in front of a kindergarten in Taman Bukit Indah, Iskandar Puteri between 8am and 12.05pm on April 30.
The charge is under Section 31(1)(a) of the Child Act 2001, which carries a maximum sentence of 20 years’ imprisonment, a fine not exceeding RM50,000, or both upon conviction.